MSNBC host Katy Tur posited Tuesday whether the US Constitution was still relevant in 2018, because Americans are “much more progressive” than they were in 1776 (even though the Constitution wasn’t penned until 1787).
“Based on where Americans stand on the issues, and Americans have really moved in a much more progressive direction over the years, do you think it’s appropriate to continue to take such a strict, originalist view of the Constitution, given it’s 2018 and not 1776?” Tur asked Republican guest J.D. Vance during a discussion on Supreme Court nominee Brett Kavanaugh.
Vance didn’t expressly answer the question, instead noting simply “I don’t know that Americans have become more progressive on everything.”
Still, Tur forged ahead with the angle of redefining the Constitution.
“Well, the arc of history has shown that opinions have become more progressive, and even just lately on the issues that are potentially going to become before the court, or issues that have been ruled on relatively recently by the Court, Americans are more progressive,” Tur said, adding “Look at the polling.”
Arguing that Kavanaugh is ‘more strict’ and less ‘progressive’, Tur said that “It seems now the argument is no, the American people shouldn’t have a choice.”
“It’s all about the Constitution. It feels like conservatives are trying to have their cake and eat it too on this issue.” she added.
Reacting to the segment on Laura Ingraham’s Fox News show, the host called Tur a “esteemed would-be jurist”, before conservative commentator Ben Shapiro weighed in, noting just how dumb Tur’s comments were.
“Oh, the levels of stupid,” Shapiro reacted. “1776, the Constitution was not yet written, Number One. Number Two: If you believe that America has evolved beyond the Constitution, it has an amendment process. Also, we have legislatures that you can elect.” Shapiro noted.
“And finally, the idea that any of this justifies the Supreme Court moving away from the text of a law simply so that they can interpret the Constitution as poetry is more evidence that the left wants the Supreme Court to simply be a super legislature as opposed to, you know, an actual judiciary that is using judgment instead of will, as per Alexander Hamilton in Federalist ’78.” Shapiro continued.